Terms of Service

1. Acceptance of these terms

By accessing or using LAM-OS you agree to these terms. If you are using LAM-OS on behalf of an organization, you confirm that you are authorized to accept these terms for that organization, and "you" includes that organization. If you do not agree, do not use the service.

2. Eligibility and authorized business use

LAM-OS is provided for business use by tree care, landscape, municipal, and related living-asset management organizations. You must be of the age of majority in your province or territory and able to enter into a binding agreement.

Access is currently offered through a private beta. We grant access at our discretion, typically by invitation or after an approved access request, and we may decline or withdraw access to the beta.

3. Accounts and security

You are responsible for the accuracy of your account information, for keeping your credentials confidential, and for all activity that occurs under your account. Do not share your account with anyone else. Notify us promptly at livingassetmanager@gmail.com if you believe your account or your organization's workspace has been compromised.

4. Organization and user responsibilities

Each workspace is controlled by the organization that owns it. Organization owners and administrators are responsible for:

• Deciding who is invited, what role each member holds, and removing members who should no longer have access.
• The accuracy and lawfulness of the records entered into the workspace, including customer contact details, treatment and pesticide records, and billing information.
• Obtaining any consent or authority required to enter another person's information into LAM-OS, and for providing that person with any notice their local law requires.
• Meeting the licensing, regulatory, reporting, and record-keeping obligations that apply to their own business. LAM-OS can help record this information but does not determine or guarantee compliance.

Members with elevated roles can see and change more data than others. Assign roles carefully.

5. Acceptable use

You agree not to:

• Use LAM-OS in violation of any applicable law or regulation.
• Attempt to access another organization's data, defeat access controls, or probe or test the security of the service without our written permission.
• Upload malicious code, or content that is unlawful, infringing, or that you have no right to upload.
• Interfere with or disrupt the service, or place unreasonable load on it, including through automated scraping or excessive requests.
• Reverse engineer, decompile, or attempt to derive the source code of the service, except where that restriction is prohibited by law.
• Resell, sublicense, or provide the service to third parties outside your organization without our written agreement.

6. Your data and ownership

As between you and us, your organization owns the data it enters into LAM-OS, including customer, site, asset, inspection, treatment, work, and billing records, and the photos and documents it uploads ("Customer Data"). We claim no ownership of Customer Data.

You grant us a limited licence to host, store, process, transmit, back up, and display Customer Data solely to provide and support the service, and as otherwise described in our Privacy Policy. We do not sell Customer Data and we do not use it for advertising.

7. Our intellectual property

LAM-OS, including its software, design, interface, documentation, and the LAM-OS and Living Asset Manager names and logos, is owned by Living Asset Manager and its licensors and is protected by intellectual property laws. Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the service for your internal business purposes. All rights not expressly granted are reserved.

If you send us feedback or suggestions, we may use them to improve the service without obligation to you.

8. Third-party services

LAM-OS uses and integrates third-party services, including authentication, hosting, database, mapping, and email providers, and an optional accounting integration, described in our Privacy Policy. Your use of an optional integration may also be subject to that provider's own terms. We are not responsible for third-party services, and their availability, accuracy, or performance is outside our control. Mapping and geocoding results are provided for convenience and may be approximate.

9. Fees and payment

LAM-OS is currently offered to beta participants without a subscription fee unless we have separately agreed pricing with your organization in writing. If we introduce subscription charges, we will give notice before they apply to you, and you may decline by ceasing to use the service.

Where your organization uses LAM-OS to record estimates and invoices for its own customers, those transactions are between your organization and its customers. LAM-OS does not currently process card payments or collect money on your behalf; invoices and payments are recorded in the application by your organization. If we enable online payment processing in future, it will be handled by a payment provider identified in our Privacy Policy and may be subject to that provider's fees and terms. We are not a party to your customer contracts and are not responsible for collecting your receivables or for any tax you are required to charge or remit.

10. Service availability and changes

We aim to keep LAM-OS available and reliable, but we do not commit to any specific uptime or service level unless we have agreed one with you in writing. The service may be unavailable during maintenance, updates, or events outside our control.

LAM-OS is under active development. We may add, change, or remove features. We will try to avoid changes that materially reduce core functionality without notice, and we may discontinue the service or the beta on reasonable notice.

Offline functionality depends on your device and browser. Changes made offline are queued on your device and synchronised when a connection returns. Signing out clears the offline queue, and clearing browser storage has the same effect, so either action before synchronisation completes can result in the loss of unsynchronised changes. Reconnect and allow synchronisation to finish before signing out.

11. Backups and data export

You are responsible for keeping your own copies of data that matters to your business. We take operational measures to protect data, but we do not guarantee that a backup of your Customer Data will be available or recoverable at any particular point in time.

LAM-OS does not currently provide a complete self-service export of a workspace. Some areas of the application, including treatment, product, inventory, and billing records, offer a spreadsheet export, and asset reports can be produced as documents. For anything beyond that, contact us and we will prepare an export manually, as described in our Privacy Policy. Export the records you need on a schedule that suits your business.

12. Disclaimer of warranties

To the maximum extent permitted by law, LAM-OS is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or secure, or that data or outputs will be accurate or complete.

LAM-OS is a record-keeping and workflow tool. It does not provide arboricultural, horticultural, safety, engineering, legal, accounting, or regulatory advice. Assessments, risk ratings, recommendations, and treatment decisions remain the professional judgement and responsibility of the qualified people who make them. Nothing in the service is a substitute for a qualified professional's own inspection and judgement.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

13. Limitation of liability

To the maximum extent permitted by law, neither Living Asset Manager nor its directors, employees, or suppliers will be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of profits, revenue, goodwill, business opportunity, or data, arising out of or relating to your use of, or inability to use, the service, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the service will not exceed the greater of the amount you paid us for the service in the twelve months before the event giving rise to the claim, or one hundred Canadian dollars (CAD $100).

Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you. Nothing in these terms limits liability that cannot be limited by law.

14. Indemnity

You agree to indemnify and hold harmless Living Asset Manager from claims, damages, losses, and reasonable costs arising from your Customer Data, your use of the service in breach of these terms, or your violation of applicable law or the rights of a third party.

15. Suspension and termination

You may stop using LAM-OS at any time, and an organization owner may request closure of a workspace by contacting us. We may suspend or terminate access, with notice where practicable, if you breach these terms, if your use creates a security, legal, or operational risk, or if we discontinue the service.

After termination we will, on request made within a reasonable period, work with you to provide a reasonable opportunity to obtain a copy of Customer Data before it is removed. That copy is prepared manually rather than by an automated tool, and we may be required or entitled to retain some records, as set out in our Privacy Policy. Sections concerning ownership, disclaimers, limitation of liability, indemnity, and governing law survive termination.

16. Changes to these terms

We may update these terms as the product and our business change. We will update the "last updated" date above and, where a change is significant, provide additional notice. Continuing to use LAM-OS after an update means you accept the revised terms.

17. Governing law

These terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta, without regard to conflict-of-laws rules. You agree to the exclusive jurisdiction of the courts located in Alberta, Canada, subject to any mandatory consumer protections available to you in your place of residence.

18. General

These terms, together with the Privacy Policy and any written agreement between us, are the entire agreement about the service. If a provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

19. Contact

Questions about these terms can be sent to livingassetmanager@gmail.com, Living Asset Manager, Alberta, Canada.